In a major policy shift that raises the stakes for U.S. employers, the Department of Justice (DOJ) has expanded its Corporate Whistleblower Awards Pilot Program (CWAPP) to include federal immigration law violations. Under the DOJ’s new White Collar Enforcement Plan, rolled out on May 12, 2025, employers now face heightened liability exposure — not only from government audits but also from whistleblowers within their own workforce.
A New Enforcement Frontier: Immigration Compliance
Originally created to incentivize reporting of crimes such as bribery, money laundering, and fraud, CWAPP now lists corporate violations of immigration law as a priority enforcement area. This means that current or former employees — including those who may be disgruntled — can report suspected non-compliance to the DOJ and potentially receive monetary rewards if the information leads to prosecution or asset recovery.
In short, immigration compliance has moved into the spotlight of white-collar criminal enforcement.
Key Risk: Whistleblowers Now Have a Direct Path to DOJ
Employees with access to internal documents, payroll records, or visa-related filings may become whistleblowers — and they no longer have to rely solely on internal HR channels or government inspections. A tip to the DOJ under CWAPP could now trigger a criminal investigation into how a company is managing its foreign workforce.
Violations could include:
- Employing unauthorized workers.
- Failing to complete or maintain Form I-9 records properly.
- Misrepresentations in H-1B, L-1, or PERM filings.
- Knowingly sponsoring foreign nationals without following Department of Labor wage compliance.
What Employers Should Be Doing Now
With this expansion, immigration compliance is no longer just a regulatory issue — it’s a potential criminal liability and reputational risk.
Employers should immediately consider:
- Conducting Internal Immigration Audits
Evaluate I-9 compliance, visa sponsorship processes, and public access files. Ensure all employment-based filings are accurate, updated, and legally sound.
- Strengthening Reporting and Investigation Procedures
Establish anonymous reporting channels, train managers on how to handle employee complaints, and implement a rapid response protocol when concerns are raised.
- Protecting Whistleblowers from Retaliation
Whether a concern is raised internally or externally, employers must avoid retaliatory action. Whistleblower protection is an essential safeguard under both DOJ and labor standards.
Good News: 120-Day Safe Harbor for Voluntary Self-Disclosure
There is a path for employers who act quickly and in good faith.
Under the DOJ’s policy, if a company receives an internal report about a possible violation and self-reports it to the DOJ within 120 days, the company can qualify for a presumption of declination — meaning the DOJ may decline to prosecute criminally.
This presumption applies even if the whistleblower has already contacted the DOJ, as long as:
- The employer notifies the DOJ within 120 days of the internal complaint, and
- The company meets the criteria under the Voluntary Self-Disclosure Policy, including full cooperation and remediation.
Final Thoughts: Compliance Is No Longer Optional
This new DOJ enforcement strategy sends a clear message: corporate immigration practices are now part of the white-collar enforcement landscape. The risks of waiting or overlooking technical compliance errors have never been higher. But for employers who take proactive steps — audits, training, policy reviews, and internal response plans — there are real opportunities to protect both your workforce and your organization.
Need help reviewing your immigration compliance program?
NPZ Law Group provides strategic guidance on I-9 audits, visa program risk assessments, and employer training. Contact our team today to protect your business before a whistleblower makes the first move.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.